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Criminal Complaint

Criminal Procedure Code, 1974 (II of 1974) - Section 482 - When the issue as to the genuineness of the receipts is pending consideration in the civil suit, the FIR ought not to have been allowed to continue as it would prejudice the interest of the parties and the stand taken by them in the civil suit  - Issue framed wrt forgery of receipts of payment  in pending civil suit  - FIR on the same cause of action quashed -  In summary suit, plaintiff filed 4 receipts showing payment of amounts  to M -  On application filed receipts filed in the suit were sent to the handwriting expert who opined that signatures in all the four receipts did not tally with the sample signatures of M -  It was only thereafter, complaint filed by M based on which FIR was registered – Issue has been framed by the Court in the civil suit as to "Whether the defendant proved that the plaintiff has fabricated the forged signature illegally and created forged receipts" – Cheating and forgery – IPC, 19860 Section 406, 420, 465, 467, 468, 471 #2020 SCeJ 128 

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  • #1

    Srinivas m (Wednesday, 16 September 2020 03:51)

    Advocate